What is the test of hearsay evidence in the context of a murder trial where the victim’s dying declaration states that he believed he was about to die?

Alberta, Canada


The following excerpt is from R. v. Deelespp, 2002 ABPC 85 (CanLII):

In Nembhard v. the Queen (1981), 74 Cr. App. R. 144 (P.C.), the court said at p. 146-7 in part: “Nobody, it is said, would wish to die with a lie on his lips. So it is considered quite unlikely that a deliberate untruth would be told, let alone a false accusation for homicide, by a man who believed he was face to face with his own impending death. There is the further consideration that it is important in the interests of justice that a person implicated in the killing should be obliged to meet in Court the dying declaration of the victim- always provided that fair and proper precautions have been associated with the admission of the evidence and its subsequent assessment by the jury. In this regard it will always be necessary for a jury to scrutinize with care the necessarily hearsay evidence of what the deceased was alleged to have said both because they have the problem of deciding whether the deponent who has provided the evidence can be relied upon and because they will have been denied the opportunity of forming a direct impression against the test of cross-examination of the deceased’s own reliability.”

Other Questions


When can a witness give evidence that is not in evidence at trial? (Alberta, Canada)
What constitutes “non-expert opinion evidence” in identification evidence at trial? (Alberta, Canada)
Is new evidence submitted as fresh evidence admissible at trial? (Alberta, Canada)
How has the court treated a request for additional evidence in the context of the trial? (Alberta, Canada)
What is the test for fresh evidence in the context of an appeal? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
What is the test for assessing exculpatory evidence in a sexual assault trial? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
What is the case law in the United States when it comes to the case of a lay-man who is not qualified to stand trial? (Alberta, Canada)
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.